Closed call for evidence

Measuring noise from outdoor equipment: call for evidence

Published 16 September 2024

Outdoor Noise Directive – changes to Annex III (methods to measure airborne noise emitted by equipment for use outdoors)

Amendments to the Outdoor Noise Directive

1) The European Union (EU) has adopted Delegated Regulation (EU) 2024/1208 amending Annex III of Directive 2000/14/EC (noise emission by outdoor equipment – ‘the Directive’) which will bring measuring methods in line with technical progress from 22 May 2025. The change to Annex III also seeks to simplify work for manufacturers and conformity assessment bodies by using the current available version of the standards adopted under the Machinery Directive.

2) It will also reduce the reporting requirements contained in the Directive, as part of a wider package of reforms impacting multiple sectors. In practice, this change will mean that manufacturers are no longer required to provide the Commission and the relevant national enforcement authority with a copy of their declaration of conformity under the Directive.

The UK’s outdoor equipment regulations

3) The Noise Emission in the Environment by Equipment for Use Outdoors Regulations 2001 (‘the Regulations’) implemented the Directive in the UK. The EU Withdrawal Act 2018 preserved the Regulations and enabled them to be amended so as to continue to function effectively now that the UK has left the EU.

Read guidance on the Regulations.

4) Recent technological progress has provided potential opportunities to improve the methods used to measure airborne noise emitted by equipment for use outdoors. In practice, we consider that these reforms will not substantively impact the placing on the market of outdoor equipment and that manufacturers will continue to take a similar approach to outdoor equipment manufacture across the UK as in the EU to avoid supply chain complexity.

5) While the impact is likely to be low, we are considering whether it could help businesses if we were to continue to recognise EU standards with respect to outdoor equipment, and/or implement the same approach for the UK as a whole.

6) On this basis, the Government is considering whether to introduce the same measures across the UK. On 4 September 2024, the Product Regulation and Metrology Bill was introduced into Parliament. This Bill will provide enabling powers that will allow the Government to update our outdoor equipment regulations accordingly should it decide to do so.

7) The aim of this Call for Evidence is to help us understand the potential benefits and costs of introducing these measures. The responses we receive will inform our final position and the detail of any potential secondary legislation.

8) We are seeking views on the following areas:

a. the potential costs and benefits of introducing similar measures

b. the issues and practicalities of amending the outdoor equipment regulations

9) We are looking to hear from all interested parties, including:

• manufacturers
• authorised representatives
• trade associations
• conformity assessment bodies
• consumers
• workers
• market surveillance and enforcement authorities

How to respond

10) Please send all responses to outdoornoise@businessandtrade.gov.uk by 11:59pm on 11 November 2024 when the Call for Evidence will close.

Questions

Question 1: What issues should be considered if similar outdoor equipment measures were introduced across the rest of the UK?

On 4 September 2024, the Product Regulation and Metrology Bill was introduced into Parliament. The Bill will provide enabling powers that will allow the Government to update the UK’s product safety framework should it decide to do so. The Government is considering using these powers to introduce the amendments to outdoor equipment regulations described above across the whole of the UK.

• What practicalities or wider issues might similar outdoor equipment measures involve?
• What practicalities might this involve for manufacturers, importers and distributors?
• Overall, would you be in favour of legislation to introduce similar measures?
• What would you see as the benefits of this approach?
• What would be the result if we were not to introduce similar legislation across the UK?

Question 2: What issues should be considered if the UK were to continue its recognition of EU rules on outdoor equipment?

In May 2024, the UK Government introduced legislation to continue recognition beyond December 2024 of certain EU product requirements, including the CE marking, on a UK-wide basis. The UK legislation recognises EU legislation as it stands, therefore the changes in the Outdoor Noise Directive will not automatically be recognised.

However, the Product Regulation and Metrology Bill also seeks powers that if passed, will allow the Government to choose to recognise new or updated EU product regulation to provide continued regulatory stability and avoid extra costs for businesses. The legislation would also ensure that the UK can end recognition of EU product regulation, where it is in the best interest of UK businesses and consumers.

The Government is considering using these powers to continue to recognise the Outdoor Noise Directive as amended across the whole of the UK.

• What practicalities or wider issues might continued recognition of EU standards on outdoor equipment involve?
• What practicalities (including additional costs or cost savings) might this involve for manufacturers, importers and distributors?
• Overall, would you be in favour of continued recognition of the Outdoor Noise Directive?
• What would you see as the benefits of this approach?
• What would be the result if we were not to continue to recognise the Outdoor Noise Directive across the UK?